Saturday, March 27, 2010

State legislation: Rhode Island - Two autism insurance bills in the legislature; House bill explicitly identifies ABA, Senate bill not

The Rhode Island General Assembly is entertaining two autism insurance bills - one, House Bill 7260, would define and cover applied behavior analysis as an autism treatment; the other, Senate Bill 2422, does not state either - it includes a provision to increase training and numbers of related personnel such as nurses, physical therapists, occupational therapists, and occupational therapist assistants.

House Bill  No.7260   BY  Palumbo, Naughton, Corvese, Jackson, Caprio D
H. 7260 ENTITLED, AN ACT RELATING TO INSURANCE -- AUTISM SPECTRUM DISORDERS
(would require coverage for the diagnosis and treatment of autism spectrum disorders)
{LC106/1}
01/28/2010 Introduced, referred to House Corporations
03/10/2010 Committee transferred to House Committee on Health, Education & Welfare
03/31/2010 Scheduled for hearing and/or consideration
03/31/2010 Committee postponed at request of sponsor
H.7260 defines applied behavior analysis, includes coverage of applied behavior analysis within "habilitative or rehabilitative care", however the delivery of applied behavior analysis is not defined nor are such as BACB certificants or of equivalent competency defined.   A statement is made that an "Autism services provider" means any person, entity, or group that provides treatment.


Senate Bill  No.2422  BY   O`Neill E, Pinga, Cote, Raptakis, Maher
S.2422 ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND AUTISM SPECTRUM DISORDER INTERVENTION AND TREATMENT ACT
(would direct the departments of health and human services to prepare an accelerated intervention plan for dealing with Autism Spectrum Disorder (ASD) and would further provide that health insurance policies must cover ASD treatment)
{LC1432/1}

02/11/2010 Introduced, referred to Senate Health and Human Services
S. 2422 does not identify applied behavior analysis, nor does it specify it as a treatment modality. The bill does direct the state institutions of higher education to evaluate whether nursing, physical therapy, occupational therapy and occupational therapy assistant programs offer preparation for those who interact with ASD patients and families and present a plan, including financial and scholarship incentives to encourage study in these fields.

For more information
Bill would require R.I. insurers to cover autism treatment
01:00 AM EDT on Friday, March 26, 2010
By Gina Macris Journal Staff Writer
The Providence Journal


The State of Rhode Island General Assembly

Autism votes Rhode Island

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation Quicktake: Kansas S. Sub. for HB 2160 autism insurance bill put into Conference Committee

On Monday, March 22, 2010 Senate Substitute for HB 2160, an autism insurance bill that would cover applied behavior analysis and recognize BCBAs who meet state definitions and conditions for designation as "autism specialists", ran into a stumbling block upon presentation to the Kansas House. The bill previously passed unanimously on March 18, 2010 in the Kansas Senate.

In the Kansas House, on motion of Representative Shultz, the House nonconcurred in Senate amendments to S. Sub. for HB 2160 and asked for a Conference Committee. Speaker O’Neal thereupon appointed Representatives Clark Shultz, Virgil Peck and Dale Swenson as conferees on the part of the House.[House Journal 3/22/10 page1193]

On the same day, on motion of Senator Teichman, the Senate acceded to the request of the House for a conference on Senate Substitute for HB 2160. The President appointed Senators Ruth Teichman, Karin Brownlee and Chris Steineger as conferees on the part of the Senate. [Senate Journal 3/22/10 p. 1231]

As of Friday, March 26, 2010, the Kansas legislative website shows that S.Sub HB 2160 was still in Conference Committee.

For more information
Kansas Legislature

Past post
Thursday, March 18, 2010
State legislation quicktake: Kansas Senate Substitute for HB 2160 (S Sub HB 2160) passes with amendment in Kansas Senate

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Friday, March 26, 2010

State legislation Quicktake: Kentucky HB 159 set to go to the Kentucky Senate for vote as early as March 29, 2010; Projections are for passage

The Kentucky State Senate appears poised to pass as early as Monday, KY HB 159, a bill that would both provide coverage for applied behavior analysis for Kentucky children with autism and, in a recent version, establish a license and licensing board for Behavior Analysts. Autism Votes earlier today announced that HB 159 had passed unanimously in the Senate Licensing and Occupations Committee, and a news story followed up that the bill is on the Senate Consent Calendar,
"...The Senate Licensing and Occupations Committee approved HB 159 and placed it on the consent calendar — a spot reserved for legislation without opposition that is likely to pass with no discussion.

“We’re going to pass it,” [Senate President David] Williams said.

[Rep. Jeff] Greer said he was pleased that the bill could win final approval as early as Monday. “It’s going to change children’s lives — no doubt about it,” he said..."
The Kentucky Legislative calendar does not have specific bills posted but does show business being conducted in the Senate on Monday, March 29, 2010 commencing at 12:00 Noon EDT.

HB 159 previously passed by  unanimous vote in the Kentucky House on March 16, 2010, so voting in the Senate would determine whether the bill would go to the Kentucky Governor for signature into law.

For more information
House backs new rules for KACo, League of Cities
By Joseph Gerth • and Deborah Yetter • March 26, 2010

Past blog post
Tuesday, March 16, 2010
State legislation - Kentucky HB 159/CS autism insurance and licensing of behavior analysts scheduled for House Floor on Tuesday March 16, 2010

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Federal legislation: H.R. 4872 Reconciliation Act rapidly passed by U.S. Senate and House on March 25, 2010 - goes to President for signature

An amended reconciliation bill H.R. 4872 passed in the U.S. House Thursday night, March 25, 2010 by a vote of 220 to 207 on the motion to concur with the Senate amendments after its return from the Senate earlier in the day. In the Senate, the vote was 56 to 42. The vote split approximately down political party lines, with Republicans in both chambers unanimously opposed.

H.R. 4872 now goes to the President for signature for implementation into law. The companion bill, which H.R. 4872 amends, H.R. 3950, was signed into law on Tuesday, March 23, 2010.

National Public Radio reports that the first task resulting from the new laws would be establishment of a federally funded "high-risk pool" program to cover those turned down for preexisting conditions by private insurance. Currently the law would call for 90 days to do so. NPR also describes some of the related details.

Among some of the questions still circulating is the cost of the laws.
The Congressional Budget Office (CBO) recently issued reports of their assessment and analysis of national costs/benefits of health care (and education) reform specific to this legislation (H.R. 4872 & H.R. 3950).

More media stories
It’s Done: House Passes Reconciliation Bill
By DAVID M. HERSZENHORN
March 25, 2010, 10:39 pm
NYTimes Prescriptions blog


Roll Call: House vote on second health care bill
Washington Post/Associated Press
The Associated Press
Thursday, March 25, 2010; 9:41 PM


The Health Law's First Test: Extending Coverage
by Mary Agnes Carey
National Public Radio
March 26, 2010


Past blog posts
Thursday, March 25, 2010
Federal legislation: Procedural technicalities will send H.R. 4872 reconciliation bill back to the U.S. House for final approval

Tuesday, March 23, 2010
Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Reminder from the Association for Science in Autism Treatment to sign up for free Spring newsletter

The Association for Science in Autism Treatment (ASAT), whose mission is is to share accurate, scientifically sound information about autism and treatments for autism,  has announced that the Spring issue of ASAT's no-cost quarterly newsletter, Science in Autism Treatment will be issued next week.

Practitioners are welcomed and encouraged to sign up to receive the issue when it comes out - and to also encourage client families and colleagues to sign-up and browse the other resources that ASAT makes available to provide unbiased information on evidenced treatments for autism.



© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Thursday, March 25, 2010

Federal legislation: Procedural technicalities will send H.R. 4872 reconciliation bill back to the U.S. House for final approval

Three minor parlimentary challenges in the reconciliation act H.R. 4872, which would implement desired House amendments to the recently signed into law health reform bill H.R. 3590 , have flagged the measure for a return to the U.S. House of Representatives after U.S. Senate approval.

One problemative provision was in the educational portion of the bill dealing with the calculation formula of student Pell grants in the portion of H.R. 4872 dealing with restructuring of student education loans, another was characterized as insignificant and technical; both removed from the bill. A third is under review by the Senate Parlimentarian, but is also considered minor. None of these are considered significant enough to delay final approval of H.R. 4872.

Prior to these successful parlimentary challenges, Senators voted on and defeated 29 consecutive GOP amendments in a marathon voting session between 5:30 PM.EDT Wednesday and 2:45 AM EDT Thursday, when they recessed.

The Senate has been ordered to reconvene at 9:15AM EDT on Thursday, March 25. Some predictions are that voting on the reconciliation in the Senate will conclude sometime on Thursday, and that the House will readdress H.R 4872 on Friday, March 26, 2010.

C-SPAN2 will offer gavel to gavel live stream coverage, scheduled at 9:45AM - 2:45PM EDT.

For more information
US health bill sent back for new House vote
BBC News

G.O.P. Forces New House Vote on Package of Health Bill Changes
By DAVID M. HERSZENHORN and ROBERT PEAR
Published: March 25, 2010

Final Piece of Health Bill Hits Snag
Wall Street Journal health
MARCH 25, 2010, 4:41 A.M. ET

Senate Will Have To Return Health Bill To House
by The Associated Press
National Public Radio

Past blog posts
Wednesday, March 24, 2010
Autism Speaks Blog addresses the Federal Health Reform Law and effects on autism coverage of treatment and ABA

Tuesday, March 23, 2010
Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation: Massachusetts - HB 181 & S. 47 would license practitioners of applied behavior analysis

The General Court of the State of Massachusetts is currently entertaining two licensing measures which would regulate practitioners and the practice of applied behavior analysis within the state.

H.B. 181 and S.B. 47, would impose criminal penalties on anyone practicing ABA without a license. These bills establish two levels of practitioner, at the doctorate and master’s levels, and define the scope of practice of ABA to include conducting ABA-based therapy, as well as planning and supervision services. Bill Histories show that both H.B.181 and S.47 are currently in the Joint Committee on Consumer Protection and Professional Licensure

H.B. 181: An Act relative to the licensure of applied behavior analysts.
and
S. 47: An Act relative to the licensure of applied behavior analysts.
would create the professional titles of,
  • “Licensed Independent Applied Behavior Analyst (LIABA)”, an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice independent applied behavior analysis., and
  • "Licensed Applied Behavior Analyst (LABA)", an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice applied behavior analysis.
as well as create a nine member separate professional licensing board - seven members to be drawn from the Licensed Applied Behavior Analysts of both levels and two members would be selected as representatives of the public.

Both bills describe in some detail the proposed operations, powers and duties of the licensing board, defines the scope of practice of applied behavior analysis, the qualifications and requirements of those applying for a license - which initially includes receipt of certification by the Behavior Analyst Certification Board, supervision competencies, responsibility to clients and colleagues, safeguards and penalties.

The bills state that the measures would not prevent specified members of other professions from doing work of an applied behavior analytic nature consistent with standards of their professions, but that they cannot present themselves to the public implying that they are applied behavior analysts or are licensed to practice applied behavior analysis.

In relation to special education the Massachusetts Department of Education would develop standards and implement policy necessary to include the profession of applied behavior analysis as a "related service provider".

For more information
General Court of the Commonwealth of Massachusetts

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Wednesday, March 24, 2010

State Advocacy: Ohio - April 14, 2010 Autism Awareness Rally and Reception Planned at Ohio Statehouse

Two events sponsored by Autism Speaks and the Autism Society of Ohio are scheduled for Wednesday, April 14, 2010 at the Ohio Statehouse:
A daytime rally and meetings with State Senators to raise autism awareness and to advocate for autism related bills in the Ohio legislature, and an evening reception for advocates and constituents to meet with legislators and other decision makers to discuss autism, and autism supports and services in Ohio districts.

Autism Awareness Rally 11:00AM - 12:00 Noon
The rally will be held April 14, 2010, 11:00am to 12:00 noon on the south lawn of the Ohio Statehouse
 Parking is available under the Statehouse or flat lots by the Statehouse. Informational handouts about HB 8 and SB 220/HB 399 will be available for all advocates and media.

Speakers will be addressing the bills,
  • HB 8: A BILL To amend section 1739.05 and to enact sections 1751.68 and 3923.84 of the Revised Code to prohibit health insurers from excluding coverage for specified services for individuals diagnosed with an autism spectrum disorder. 
    • Passed in the Ohio House 12/8/2009
    • Currently in the Senate Insurance, Commerce & Labor Committee.
  • SB 220 / HB 399: To amend section 955.011 of the Revised Code to revise the definition of "mobility impaired person" to include a person who is diagnosed with autism for purposes of the statutes governing assistance dogs. 
    • SB 220 currently in the Senate Health, Human Services, & Aging Committee & 
    • HB 399 is currently in the House Health Committee
and updating participants on other issues related to autism.

Attendees are requested to bring signs (without a pole) showing support for HB 8, saying thanks for passing HB 8 and listing his/her State Representative. It is also suggested that attendees call and set up an appointment with his/her state Senator to discuss HB 8 and SB 220/HB 399.

Announced speakers are,
There will be kids' activities, such as face painting, thanks to Oakstone Academy.  Tables will be set up from Autism providers and advocacy groups.

Autism Awareness Legislative Reception: 5:00PM – 7:00PM
In the evening, an Autism Awareness Legislative Reception will be held in the Atrium of the Statehouse. Legislators have been invited to meet with constituents from their districts to learn more about autism and autism supports and services in their district.  Department Directors, members of the Interagency Workgroup on Autism and the Governor’s office have also been invited.  Appetizers and refreshments will be provided by Autism Society of Ohio. 

For more information:
CONTACTS: 
RALLY: Doug Krinsky (Parent of a child with Autism), CAC, Autism Speaks,
(614) 554-0802, yogi1125@aol.com
RECEPTION: Barbara Yavorcik, Executive Director, Autism Society of Ohio, (614) 537-4079, askASO@autismohio.org, www.autismohio.org

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Autism Speaks Blog addresses the Federal Health Reform Law and effects on autism coverage of treatment and ABA

The Autism Speaks blog has put up a post in which they identify what is seen as the outcome from the passage of S. 3590 and the potential passage of H.R. 4872.
Health Care Reform: What does it mean for the Autism community?
While the post is posed in general terms, there are comments related to those plans under the Employee Retirement Income Security Act of 1974 (ERISA) not being required to provide the essential benefits package requiring "behavioral health", and what they see as benefits and effects on state mandates.
  • Will health care reform directly benefit the autism community?
  • Does it apply to all insurers?
  • How does health care reform impact the state autism insurance reform effort?
The short version is that passage of the Federal health care reform, while projected as a positive outcome for the country as a whole, is not a universal solution to the coverage and reimbursement problems currently facing families with a child who has an autism diagnosis, and that Autism Speaks' assessment is that obtaining uniform coverage providing behavior analytic treatment for those with an autism diagnosis will require continuing advocacy and legislation at both Federal and State levels. That blog also welcomes comments and questions.

Related posts
Tuesday, March 23, 2010
Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate

Tuesday, December 22, 2009
FYI: Self-funded Health Insurance Plans and ERISA

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation Quicktake: New York autism insurance bill A. 10372 passes in committee; referred to Ways and Means

Autism Votes reports that New York Assembly bill,

A.10372: Requires that individual accident and health insurance policies shall provide coverage for screening, diagnosis and treatment of autism spectrum disorder.

Passed in the in the Assembly Insurance Committee on Wednesday, March 24, 2010.

The New York legislative website shows that  A. 10372 has been referred to Ways and Means.

As of March 24, 2010, both of New York's autism insurance bills, S.7000A and A.10372 have quickly and unanimously passed their respective committees, which suggests some promise for positive progress in this legislature.

Past blog posts
Tuesday, March 23, 2010
State legislation Quicktake: New York autism insurance bill A. 10372 may be voted on in committee on Wednesday, March 24, 2010

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation Quicktake:Connecticut H.B. 5425 passes from Education Committee with joint favorable substitute

On Friday, March 19, 2010,
Connecticut H.B. 5425: AN ACT CONCERNING SPECIAL EDUCATION.
To reconstitute the State Advisory Council for Special Education by reducing the number of members to make it consistent with federal law; to require boards of education to provide applied behavior analysis services to certain special education students; to establish that the burden of proof lies with the party requesting a special education hearing; and to require the school district from which a child transfers to pay for such child's special education costs for the remainder of the school year.
was passed unanimously in the Education Committee

and on Monday, March 22, 2010 was filed with the Legislative Commissioner's Office.

Amendments appear to be most pertinent to certain structural changes to the proposed Advisory Council for Special Education, and  financial responsibility for special education students who change districts or commence special education services after the start of the school year.

Previous posts
Thursday, March 4, 2010
State legislation: Connecticut HB 5425 - Addresses behavior analysis in IEPs for ASD students and provider competencies

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Tuesday, March 23, 2010

State legislation Quicktake: Vermont autism insurance bill as amended passes state Senate, sent to the House

On Tuesday, March 23, 2010 Vermont autism insurance bill, S. 262,  was passed by the Vermont Senate in its amended form and transmitted to the Vermont House. In the amended form, the bill has been modified to study insurance options.

Past post
Saturday, March 20, 2010
State legislation: Vermont S. 262, to receive 3rd reading in VT Senate on March 23, 2010; Finance committee recommends amendments revising bill to insurance study bill

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation Quicktake: New York autism insurance bill A. 10372 may be voted on in committee on Wednesday, March 24, 2010

Autism Votes reports that the New York Assembly autism insurance bill
A.10372:  Requires that individual accident and health insurance policies shall provide coverage for screening, diagnosis and treatment of autism spectrum disorder
will be voted on in the Assembly Insurance Committee on
Wednesday, March 24, 2010 and has issued an action alert.

On Monday, March 22, 2010, the identical Senate bill, S.7000A was approved in the Senate Insurance Committee.

Past posts
Tuesday, March 23, 2010
State legislation Quicktakes - New York S.7000A and Maine SP 446/LD 1198 advance in legislatures

Friday, March 19, 2010
State legislation: New York - New autism insurance bill, A 10372, introduced

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Federal legislation: Live video stream of President Obama signing the "Patient Protection and Affordable Health Care Act" into law


Live video stream March 23, 2010 11:15 AM EDT (8:15 AM PDT)
President Obama Signs the Health Insurance Reform Bill  27:07 minutes
The White House

Related posts
Tuesday, March 23, 2010
Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate

On Sunday, March 21, 2010 the U.S. House of Representatives passed by a vote of 219 to 212,
H.R. 3590 Patient Protection and Affordable Care Act 
which is the Senate version of health care reform that was originally passed  by the Senate on December 24, 2009.  H.R. 3590 is scheduled to be signed into law by President Obama on March 23, 2010 at 11:15 AM EDT.

Within minutes of the passage of H.R. 3590, the House also passed by a vote of 220 to 211 a reconciliation bill,
H.R. 4872, Reconciliation Act of 2010
which encompasses amendments to H.R. 3590 proposed by the House. The U.S. Senate still has to deliberate and approve H.R. 4872; it is required to commence those deliberations after H.R. 3590 is enacted into law by the President's signature, to allot at least 20 hours of debate to the matter, and due to technicalities the reconciliation bill requires only a simple majority for passage. The Senate calendar shows deliberation on H.R. 4872 commencing Tuesday, March 23, 2010 at 2:15PM EDT, although it is possible that could change.

H.R. 3590 does include a behavioral health provision for mental health and substance abuse treatment, however behavior analysts are not listed among those providers explicitly identified for reimbursement as part of a treatment team. It has also been noted by Autism Votes that the behavioral health clauses as enacted do not have sufficient reach to benefit more than a relative minority of families seeking ABA services, since this coverage is not required for all plans excepting,
(1) plans offered by state-based exchanges, through which individuals and small businesses can purchase coverage; and
(2) plans offered in the individual and small group markets outside the exchange.

The Arc struck a more optimistic note in changes that it sees as improvements in coverages, benefits and Long-Term Supports for those with developmental disabilities.

The reconciliation act, H.R. 4872 makes additional specification for covered professionals, under,
TITLE K--PROMOTING PRIMARY CARE, MENTAL HEALTH SERVICES, AND COORDINATED CARE
Sec. 1308. Coverage of marriage and family therapist services and mental health counselor services. 

National Public Radio has produced a report outlining what would be "immediate" impacts vs. those which would be coming online in several years time, such as the 2014 requirement for all the requirement that all Americans acquire health insurance or face a fine. Another NPR story describes potential state Attorney General challenges to the legislation on the grounds that penalties for not having individual coverage and state requirements under the mandate are unconstitutional.

News reports and analysis will undoubtedly continue over the coming days clarifying the relative strengths and weaknesses of the enacted legislation, with some dependency on the outcome of the Senate actions yet to occur on H.R. 4872.

News and reports of interest
Obama to sign health care reform into law, then promote it on the road
CNN
March 23, 2010 -- Updated 0736 GMT (1536 HKT)


After Obama signs health care reform bill, why mess with reconciliation?
The Christian Science Monitor
March 23, 2010


States Opposed To Insurance Mandate Prepare Lawsuits
Scott Hensley
National Public Radio health Blog
March 22, 2010 3:15PM


The Arc Applauds House Passage of Health Care Reform Legislation             
3/22/2010
Washington, D.C. (March 22, 2010) - Press Release

Describes changes that The Arc sees as positive in coverages, benefits and Long-Term Services and Supports for those with developmental disabilities



U.S. House Passes Health Care Reform Bill Containing Provision For Autism Insurance Reform
Autism Votes
Autism Votes describes coverage gaps for those with autism, even given some behavioral health coverage in the legislation and the need to continue advocacy at the state and Federal level.


What Are The Immediate Effects Of Health Bill Passing?
Julie Appleby and Kate Steadman
March 21, 2010


© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation: Massachusetts- Bills reported from Committee that would regulate aversive therapies and study behavior modification in Massachusetts

A news report states that two bills have been reported favorably from the Massachusetts Joint Committee on Children, Families and Persons with Disabilities and are now headed to the Massachusetts Senate.

The bills are,
S. 45: An Act relative to Level IV Treatment Interventions,
and a companion bill,
S. 46: An Act Creating a Special Commission on Behavior Modification

S. 45 would classify and define detailed oversight of Level IV treatment interventions (those utilizing aversives as a last resort for dangerous or self-destructive behaviors which have failed to be resolved under less intrusive interventions) in facilities receiving public funding,
  • at the state level  by a statewide committee of specific composition,
  • at a facility level by a facility peer-review committee of specific composition, and would require
  • direct supervision and physical presence as specified in the bill.
Standards of procedures, safeguards, required documentations, competencies of the committees and supervisors, and scope of use are defined in S.45.

S. 46 would establish a special commission to investigate and make legislative recommendation on the adequacy and effectiveness of laws and and regulations governing use of behavior modification techniques, including aversive procedures and the principles of applied behavior analysis across all public or private agencies in Massachusetts receiving public funding, including state agencies and contracted providers.

After its investigation, the commission would develop and recommend a unified set of standards for the use of behavior modification procedures in all agencies and programs licensed, funded and/or regulated in Massachusetts. The standards would include the minimum qualifications for staff involved in the development and direct implementation of aversive procedures and the review and monitoring requirements for such interventions. The commission is also required file a report the results of the investigation and recommendations with the clerks of the Massachusetts Senate and House of Representatives by a specified date.

The composition of the commission would be the following state officers or designees:
Governor, Senate President, Speaker of the House, Senate and House Chairs of the Joint Committee on Children and Families, the Chief Justice of the Probate and Family Court. the Commissioner of the Department of Developmental Services, the Commissioner of the Department Mental Health , the Commissioner of the Department of Early Education and Care, the Commissioner of the Department of Elementary and Secondary Education, the Commissioner of the Department of Children and Families, the Commissioner of the 26 Department of Youth Services, the Executive Director of the Disabled Persons Protection Commission, the Chairman of the Governor’s Commission on Mental Retardation, the Executive Director of the Massachusetts Psychological Association, and a Licensed Applied Behavior Analyst or Certified Behavior Analyst to be appointed by the Governor. The Governor would also appoint at least one disability advocate and one service provider whose agency conducts behavioral intervention programming.


For further information
Two shock therapy bills headed to Senate
GateHouse News Service
Posted Mar 16, 2010 @ 09:00 AM

General Court of the State of Massachusetts

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

State legislation Quicktakes - New York S.7000A and Maine SP 446/LD 1198 advance in legislatures


New York and Maine's autism insurance bills received positive legislative action on Monday, March 22, 2010 - New York's S.7000A passing in the Senate Insurance Committee, and the amended version of Maine's SP 446/LD 1198 accepted in its 2nd reading in the Maine Senate.

New York - Autism Votes has reported that amended New York's S.7000A, was passed in the Senate insurance committee on March 22, 2010. The NY legislative tracking service shows that the vote was 13-2 in favor of the bill, and that the bill has been referred to the Senate Codes Committee. The identical Assembly bill, A10372, remains in the Assembly Insurance Committee where it was referred on March 19, 2010.

S.7000A begins at 3 minutes,
and is the topic of deliberation to the end of the video.





For more info
Autism Votes New York

NY one step closer to medical coverage for autism treatment (VIDEO)
Posted: March 22, 2010 03:31 PM
WTEN.com

Past blog posts
Friday, March 19, 2010
State legislation: New York - New autism insurance bill, A 10372, introduced

Thursday, March 18, 2010
State legislation: New York S.7000 Autism insurance bill; Committee meeting on March 22, 2010.

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Maine - Maine's legislative website reports that the Committee amendment for SP 446/LD 1198 was read for a second time in the Maine Senate, accepted for engrossment and sent to concurrence.


For more info
Status and text page for SP 446/LD 1198

Maine Legislature

Past blog posts
Saturday, March 20, 2010
State legislation: Maine SP446/LD 1198 reported from Committee; may receive March 22, 2010 second reading in Maine Senate


© 2010 Regina G. Claypool-Frey
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